The Federal Legislative Branch

• The United States Congress

– The Senate – The House of

Representatives

Warm up

• In 1908, Theodore Roosevelt said, “Oh, if I could be President and Congress too, for just ten minutes. Which of these principles would best explain this statement?

• A. Federalism

• B. Rule of Law

• C. Majority Rule

• D. Separation of Powers

What is the purpose of the legislative branch?

• A. Enforce laws

• B. Make laws

• C. Interpret laws

• D. Veto laws

Introduction to the Legislative Branch

Here are some ideas and terms that may help you to understand the legislative

branch

Legislative Branch: Inception• The Virginia Plan and the

New Jersey Plan

• The “Great Compromise”• Bicameral legislature: the

House of Representatives and the Senate

• House representation based on population

• Senate—each state allowed two votes

• Length of terms for representatives, senators

Roger Sherman

James Madison

The first Congress met in New York City in

1789

The First Congress

A term in Congress is two years

• Each term is divided into two sessions

• A session lasts for one year.

• A term begins in January on odd numbered years

• Congress adjourns (stops meeting) when both houses decide to adjourn

The House of Representatives

• Seats are distributed based on population

• Reapportionment takes place every ten years

• Gerrymandering

The district created by members of Governor Elbridge Gerry’s party closely resembled a salamander—hence the term

“gerrymander”

How is representation determined?

• A population count is taken through the Census every ten years.

• Reapportionment occurs when the population is counted to assign the appropriate number of representatives per state.

• If a state loses population, it might lose a representative.

• If a state gains population, it might gain a representative.

Gerrymandering

• Sometimes districts are drawn to benefit one particular party.

• This is called gerrymandering.

• This is unconstitutional and illegal.

Current Example

• This next slide is actually a district that was drawn in one of Canada’s provinces

• It seems like an outrageous example of Gerrymandering

Qualifications for House Membership

• Must be at least 25 years old

• Must live in the state he or she represents

• Must have been a U.S. citizen for at least seven years

The hall of the House of Representatives

House Officers

• Speaker of the House

• Majority Floor Leader

• Majority Whip

• Minority Floor Leader

• Minority Whip

President Carter meets with House Speaker Tip O’Neill, 1978

The Senate

• There are 100 Senators

• A “continuous body”

• One-third of the Senate comes up for reelection every two years

• Senators can run for reelection as often as they desire

The Senate: Facts

The Senate in 1939

• Must be at least 30 years old

• Must live in the state he or she represents

• Must have been a U.S. citizen for at least nine years

Qualifications for Senate Membership

The chamber of the U.S. Senate

Senate Officers

• President of the Senate

• President Pro Tempore

• Majority Floor Leader

• Majority Whip

• Minority Floor Leader

• Minority Whip

James Hamilton Lewis became the first Senate Party Whip in

1913

Congressional powers

Delegated Powers: Powers of the national/federal/central government (enumerated, expressed, implied)

Enumerated powers: The expressed powers of Congress that are itemized and numbered 1-18 in the Constitution. (Delegated)

Expressed powers: Powers directly expressed or stated in the Constitution by the founders. (Delegated)

Expressed Powers of Congress

• Power to tax

• Power to borrow money

• Commerce power

• Currency power

• Bankruptcy power

• War powers

• Naturalization

• Postal power

• Copyright and patent power

• Weights and measures power

• Territorial power

• Judicial power

Other Expressed Powers

Candidates for naturalization, early 1900s

Congressional powers• Implied Powers: Un-named powers allowed

by the “necessary and proper clause” or elastic clause, (Delegated)

• Concurrent Powers: Powers that both states and the federal government have (taxing, law making, road building, etc.)

• Reserved Powers: Powers saved for the states

• Article I: “necessary and proper”

• The “Elastic Clause”

• Strict vs. loose interpretation

• Hamilton vs. Jefferson

Implied Powers

Alexander Hamilton Thomas Jefferson

Non-Legislative Powers

• Investigatory Power

• Electoral Power

• Executive Powers

• Impeachment Power

A depiction of the impeachment trial of Andrew Johnson

Denied Powers

• Powers no government can use – Ex post facto laws

–Awarding titles of nobility

–Writ of Habeas Corpus»Protects people from unlawful imprisonment

Primary Function of the Legislature

• What is Congress’ most important job?

• How does it accomplish this goal?

• Is this the same at the national and state levels?

Congressional Bills

Bills are named according to whether they originated in the House (HR), the Senate (SR), or the White House (WHR). They then receive a number.

How a Bill Becomes a Law: Introduction to Committee

Complete House or Senate

(introduction)

Committee

Subcommittee

Complete House or Senate

(debate and vote)

1

2 3

4

Committees

• Congressional committees allow the Congress to work in specialized groups to accomplish their individual goals.

• There are four major types:

Standing Committee

• Permanent committees

• Consider bills and issues

• Recommend whether items receive further consideration

• Majority party members usually make up majority of the committee

Joint Committees and Conference Committees

Joint committees, such as the Joint Committee on Economics, research issues that affect both houses,

such as unemployment

• Joint committees: Deal with issues of concern to both houses of Congress

• Conference committees: Created to reach a compromise on the wording of a bill that has passed both the House and the Senate

Select committee

• Temporary or permanent

• Usually only last one session of Congress

• Committees created to focus on emerging issue

Senate Committees

• Standing committees: permanent committees that debate proposed bills

• Select committees: temporary panels created to address a specific issue or situation

• Committee chairmen

House Committees

House Rules Committee

– Manages flow of bills for action by the full House by scheduling their consideration.

– Senate doesn’t need one of these because it’s smaller and less formal. Majority floor leader controls for Senate

• Calendar

• Rules Committee

• Debate• House vs. Senate

• Filibusters

• cloture

How a Bill Becomes a Law: Committee to Floor Debate

The late Strom Thurmond holds the record for the longest filibuster in Senate history—24 hours and

18 minutes against the Civil

Rights Act of 1957

How a Bill Becomes a Law: Voting

• Quorum

Types of votes

• Voice vote

• Standing vote

• Roll-call vote

• Electronic voting (House only)

• Conference committee

• House and Senate vote again

1. Changes cannot be made

2. Majority vote needed for passage

• Sent to President

How a Bill Becomes a Law: From Passage to the President

Conference committee

House and Senate (vote)

The President

The President’s Options• Sign it • Veto it • Pocket veto • Ignore it

• Overriding a veto

President George W. Bush signs a law on corporate responsibility

How a Bill Becomes a Law: The President

Add these terms and their definitions to your notes

Interest Group

A group of people with common goals who organize to influence government

Mark up

When committee or subcommittee members decide each detail of a bill’s content and wording.

Types of Committees – Standing (Permanent)– Select (Temporary)– Joint (House & Senate)– Conference (House & Senate members to resolve differences between their

versions of the same legislation).

More Terms and Definitions

Filibuster An extended debate in the Senate which has the effect of preventing a vote.

Even More Terms and Definitions

Partisanship Adhering to or supporting to a particular party

Parochial Political interests which are very limited or narrow in

scope or outlook

Lame Duck A politician who has less power because he or she is

about to leave office

CaucusThis next slide is an

example of a caucus. Who is this group?

Pork Barrel Legislation

In The Mail:I just received a review copy of The Pig Book, a book both conservatives and liberals should embrace. Among the "pork barrel" items uncovered:

•$50 million for an indoor rain forest in Iowa •$102 million to study screwworms which were long ago eradicated from American soil •$273,000 to combat goth culture in Missouri •$2.2 million to renovate the North Pole (Lucky for Santa!) •$50,000 for a tattoo removal program in California Though you might not share the entire agenda of the Citizens Against Government Waste, the group that wrote the book, it's packed with examples of projects inserted into spending bills that ultimately cause Americans to mistrust their government.

       

Checking the Web

• http://www.senate.gov/

• http://www.house.gov/

• http://www.gpoaccess.gov/bills/

• http://www.congress.org/congressorg/issuesaction/bill/

• http://www.cagw.org/site/PageServer

• http://www.senate.gov/artandhistory/history/common/briefing/Filibuster_Cloture.htm

• http://www.senate.gov/reference/glossary_term/lame_duck_session.htm

• http://www.opensecrets.org/cmteprofiles/index.asp

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